Mattie McGrath (Tipperary, Independent)
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534. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 987 of 24 November 2020, if he has evidence of such endorsement (details supplied). [29433/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The audit carried out by the European Court of Auditors ensured that the process implemented by the Department was entirely in accordance with EU Regulations (with Article 42(5) of Regulation (EC) 1782/2003 and Article 7 of Commission Regulation (EC) No 795/2004).

There were no findings in the final report concerning Ireland's implementation of the consolidation process.

Mattie McGrath (Tipperary, Independent)
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535. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 996 of 11 May, if the single farm payment is attached to the land in cases in which force majeure does not apply (details supplied). [29434/21]

Charlie McConalogue (Donegal, Fianna Fail)
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Payment entitlements under the Single Payments Scheme were not attached to specific land.  The regulations in relation to the consolidation of payment entitlements on owned and leased land were originally set out in Commission Regulation (EC) No 795/2004 which was repealed by Commission Regulation (EC) No 1120/2009.

Article 46(2) of Regulation 1782/2003 sets out the circumstances for the transfer of payment entitlements under the Single Farm Payment Scheme. The article states that payment entitlements can be transferred by sale or other definitive transfer methods with or without land.

Leased payment entitlements must be accompanied by a transfer of the equivalent number of eligible hectares unless force majeure, or exceptional circumstances apply, in which case the leasing of the entitlements without land may be facilitated.

Mattie McGrath (Tipperary, Independent)
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536. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 997 of 11 May, the reason payment entitlements under the single payments scheme were not attached to specific land in cases in which the land in question is specific (details supplied). [29435/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The Single Payment Scheme (SPS) was implemented in Ireland in 2005 under European Commission Regulation (EC)1782/2003. Ireland implemented the historical model of the SPS, which meant that the number of payment entitlements each farmer received was based on the average number of hectares farmed in the three reference years – 2000 to 2002.

The total SPS amount belongs to the farmer and did not attach to lands. The Single Payment was based on the amount of payments made to farmers during the 2000 to 2002 reference period. The lands used during the reference period was simply used to break the SPS total payment down to entitlement value and number.

The regulations in relation to the consolidation of payment entitlements on owned and leased land were originally set out in Commission Regulation (EC) No 795/2004 which was repealed by Commission Regulation (EC) No 1120/2009.

Mattie McGrath (Tipperary, Independent)
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537. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 997 of 11 May, the reason payment entitlements under the single payments scheme were not attached to specific land in cases in which the land in question is specific (details supplied). [29436/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The Single Payment Scheme was implemented in Ireland in 2005 under European Commission Regulation (EC) 1782/2003. Ireland implemented the historical model of the SPS, which meant that the number of payment entitlements each farmer received was based on the average number of hectares farmed in the three reference years – 2000 to 2002

The total Single Payment Scheme amount belongs to the farmer and did not attach to lands. The Single

Payment was based on the amount of payments made to farmers during the 2000 to 2002 reference period. The lands used during the reference period was used to break the SPS total payment down to entitlement value and number.

The regulations in relation to the consolidation of payment entitlements on owned and leased land were originally set out in Commission Regulation (EC) No 795/2004 which was repealed by Commission Regulation (EC) No 1120/2009.

Mattie McGrath (Tipperary, Independent)
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538. To ask the Minister for Agriculture, Food and the Marine if the single farm payment belongs on the land of the lessor in circumstances (details supplied); and if he can interfere with a lease contract freely entered into and decide that the value of the single payment data is the property of the lessee in spite of the contract. [29437/21]

Charlie McConalogue (Donegal, Fianna Fail)
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Under the milk quota system, the milk quota was attached to lands used for milk production in 1983 – the milk quota reference year - and quota that was attached to leased (or rented) lands was transferred to the lessee at the end of the lease agreement.

The question also references the single farm payment – in accordance with the provisions of the relevant EU regulations, Single farm payment entitlements were allocated to farmers in 2005 based on the amount of payments made to a farmer and the land declared as farmed by that farmer during the 2000-2002 period.  Land that was declared as either owned or rented by the applicant was counted in the calculation of the entitlements.  The single farm payment was “attached” to the farmer and did not “attach” to lands.  

In the details supplied by the Deputy, the standard lease provision quoted refers to milk quota and how it was to be treated when a lease was expired or terminated. This has no relevance to the question of ownership of single payment entitlements. Clauses in a private contract freely entered into between two parties that contravene those conditions remain for the parties to the contract to resolve.

Patricia Ryan (Kildare South, Sinn Fein)
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539. To ask the Minister for Agriculture, Food and the Marine the steps he will take to minimise the impact of the eco-scheme on farmers' basic payment; and if he will make a statement on the matter. [29447/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The CAP legislative proposals set out the mandatory requirement for Member States to introduce ECO schemes, but farmers can choose whether or not to apply.  However, participation in ECO schemes will allow farmers to maximise their payments.  

The European Parliament and AgriFish Council positions on ECO schemes differ. The Council position advocates a ring-fenced amount of 20% for ECO schemes, along with a two-year learning period at the start of the CAP Strategic Plan to allow Member States avoid any loss of unspent funds due to lower-than-expected take-up of ECO schemes. The Parliament is seeking a 30% ring-fencing amount with no learning phase.

A significant concern for all Member States is the potential loss of unspent funds in the case of low uptake by farmers.  This is not a situation I want to see.  Current discussions are focusing on how to mitigate this risk.  In addition, I will be encouraging farmers to apply for these Schemes and seeking to make them as simple and practical as possible.

I have been consistent in my approach that I cannot accept a potentially serious risk to the loss of CAP funding with the introduction of new ECO schemes. Member States must have the necessary flexibility to manage this.  

Agriculture Ministers discussed the CAP legislative proposals, including the green architecture, at the most recent AgriFish Council meeting on 26-27 May.  However, following lengthy  and challenging discussions, diverging views remain on key aspects of the CAP, including the green architecture.  Trilogue discussions will continue with the expectation of reaching a final agreement on the CAP at the next AgriFish Council in June.

Ultimately, I want the ECO Schemes to be as farmer-friendly as possible so payments can be maximised.